New York Eviction Process

Last Updated: November 2, 2021 by Elizabeth Souza

Timeline. Evicting a tenant in New York can take around one to five months depending on the reason for the eviction. If tenants request an adjournment, the process can take longer (read more).

Introduction. New York landlords must have legal reason to evict a tenant. Eviction procedures for New York City tenants and landlords residing in Brooklyn, Queens, Bronx, Manhattan and Staten Island may be different than those who live outside of the city and also if the property is rent regulated or not. Below are the individual steps of the eviction process in New York.

Step 1: Notice is Posted

Landlords in New York can begin the eviction process for several reasons, including:

1. Nonpayment of Rent – Once rent is past due, notice can be served to give the tenant the option to pay rent in order to avoid eviction.
2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord must give the tenant the opportunity to correct the issue (if curable) before moving forward with the eviction process.
3. No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
4. Illegal Activity – Notice is not required to evict tenants who are engaged in illegal activity.

Each possible ground for eviction has its own rules for how the process starts.

Eviction Process for Nonpayment of Rent

A New York landlord is allowed to evict a tenant for failing to pay rent on time.

According to New York law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease or rental agreement.

Once rent is past due, the landlord must provide a 14-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 14 days
[1]
to avoid eviction.

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in New York if they do not uphold their responsibilities under the terms of a written lease or rental agreement.

New York landlords must provide tenants with a 10-Day Notice to Comply giving the tenant 10 days to correct the issue in order to avoid eviction.

Typical lease violations under this category could include damaging the rental property, having too many people residing in the rental unit, subletting rooms and having a pet when there’s a no-pet policy.

If the tenant does not comply within the time on the notice, they must be given a second notice, the 30-Day Notice to Quit.

Note that illegal activity is not included in this category.

If the tenant remains on the property after the notice period expires on the 30-Day Notice to Quit, the landlord may proceed with the eviction process.

Eviction Process for No Lease / End of Lease

In the state of New York, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord simply doesn’t want to renew the lease.

The amount of notice
[2]
required depends on the length of the tenancy or lease terms.

• Lease Terms or Tenancies Less Than One Year – 30 days’ notice is required.
• Lease Terms or Tenancies More Than One Year (or Less Than Two Years)– 60 days’ notice is required.
• Lease Terms or Tenancies More Than Two Years –90 days’ notice is required.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for Illegal Activity

Landlords are not required to give tenants written notice prior to pursuing eviction for illegal activity, since most illegal activities void
[3]
the lease.

Illegal activity can include,
[4]
but is not limited to:

• Illegal trade or manufacturing
• Prostitution
• Illegal business

Tenants involved in illegal activity don’t have the option to stay in the rental unit, even if they correct the violation.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Step 2: Petition is Filed and Served

As the next step in the eviction process, New York landlords must file a petition in the appropriate court, which may be a county court, the court of a police justice of the village, a justice court, a district court or a court of civil jurisdiction in a city. Filing fees vary depending on the type of eviction case and where the case is being filed.

The notice of petition and petition for eviction must be served on the tenant by anyone who is 18 years or older and is not part of the case 10-17 days
[5]
prior to the hearing.

The petition for eviction and notice of petition may be served via one of the following methods:
[6]

1. Giving them to the tenant in person any day except for Sundays or the tenant’s religious observance days;
2. Leaving them with someone who lives or works at the rental unit AND copies are mailed via first class mail and certified mail; or
3. Posting the petition and notice in a conspicuous place OR under the “entrance door” of the rental unit AND copies are mailed via first class and certified mail.

Step 3: Court Hearing and Judgment

The hearing date is set at the time the landlord files their petition for eviction with the court. The hearing must be held 10-17 days
[5]
after the petition is served on the tenant.

A tenant will not have an opportunity prior to the hearing to respond to the eviction (except evictions for nonpayment of rent) and must appear if they want to explain why they feel they should not be evicted.

Either party can request a 14 day
[7]
adjournment (or otherwise known as a postponement to the court date).

If the tenant fails to appear for the hearing, the judge may make a ruling on the eviction that day.

If the judge rules in favor of the landlord, a writ of execution will be issued, and the eviction process will continue.

Step 4: Writ of Execution Is Issued

The writ of execution is the tenant’s final notice to leave the rental unit and gives them the opportunity to remove their belongings before they are forcibly removed from the rental unit.

If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ of execution. This can be done at the hearing.

Step 5: Possession of Property is Returned

Tenants have 14 days
[8]
after receiving the writ of execution to move out before they are forcibly removed from the rental unit by a marshal, sheriff or constable unless the eviction is for nonpayment of rent, in which case the tenant will only have ten days to move out.

If the tenant is being evicted for nonpayment of rent, and pays the rent amount in full prior to the end of 14th day, the eviction process will be stopped, and the tenant will be allowed to remain in the rental unit.

There are a few circumstances in which the court may grant a stay of execution, and allow the tenant more time in the rental unit before having to move out (but the tenant will still have to move out once the stay period expires):

• Extreme Hardship – This could include things like “serious ill health,” changing the school a child is enrolled in, and other family hardships a move would cause. The stay can be no longer than one year. 
  [9]
  
• To Cure a Breach – If the eviction was for violation of the lease; the stay can be no longer than 30 days. 
  [10]
  If, at the end of the 30-day stay, the breach has been corrected, the tenant may remain in the rental unit and will not be evicted.

New York Eviction Process Timeline

Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in New York. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

1. Initial Notice Period – Between 14 and 90 days, depending on the notice type and reason for eviction
2. Issuance/Service of Summons and Petition – 10-17 days.
3. Court Hearing and Ruling on the Eviction – Within the same 10-17 day period as step 2, more if a postponement is requested.
4. Issuance of Writ of Execution – A few hours to a few days.
5. Return of Possession – 14 days; longer if a stay is granted by the court.

Additional Information

Unlawful Evictions. New York’s Housing Stability and Tenant Act of 2019 allowed new protections for tenants in terms of unlawful evictions. It is a Class A misdemeanor if a landlord (or any person) evicts a tenant from the rental unit without a court order.

An unlawful eviction may be an act of force, changing the locks or shutting off essential services or utilities. Each violation of the law is a separate crime, meaning that there would be three separate charges of unlawful eviction if the landlord threatens the tenant, changes the locks on the doors, and uses force to evict the tenant.

Filing an Eviction Case in New York. The eviction case shall be held in a court where the property is located. For example, if the property is located in a town or village, the case is started in the Village Court. If there is no Village Court, the case is started in the Town Court.

If the property is in Suffolk County in the town of Islip, Babylon, Huntington, Brookhaven or Smithtown, the case shall commence in the District Court in that town. For East Hampton, Southampton, Riverhead, Southold or Shelter Island properties landlords should bring the case to Justice court in that Village or Town.

For properties located in Nassau County, the case is started in the District Court. If the property is located in Glen Cove or Long Beach, you can start the case in City Court or the District Court.

Flowchart of New York Eviction Process

For additional questions about the eviction process in New York, please refer to the official state legislation, NY Real Prop Actions L §§701-768 and NY Real Prop L §§220-238-A, for more information.